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HomeMy WebLinkAbout2019-087 20190195 DN Tanks Inc. PERSONAL SERVICES AGREEMENT ($25,000.00 or less) CONSULTANT: DN Tanks, Inc. CITY OF CONSULTANT'S CONTACT: Adam Blazer ASH LAN D 20 East Main Street ADDRESS: 11 Teal Road Ashland,Oregon 97520 Wakefield, MA 01880 Telephone: 541-488-6002 Fax: 541-488-5311 TELEPHONE: 972.823.3322 EMAIL: Adam.Blaser @dntanks.com This Personal Services Agreement (hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and DN Tanks, Inc., a foreign business corporation, ("hereinafter "Consultant"), for 2.0 MG prestressed water storage tank inspection with diver and inflatable raft. NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and Consultant hereby agree ree as follows: 1. Effective Date and Term: This Agreement shall become effective on the date of execution on behalf of the City,as set forth below(the"Effective Date"),and unless sooner terminated as specifically provided in Section 11, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore,but not later than October 31, 2018. 2. Scope of Work: Consultant shall provide 2.0 MG prestressed water storage tank inspection with diver and inflatable raft as more fully set forth in Consultant's Proposal dated August 7, 2018 which is attached hereto as"Exhibit A"and incorporated herein by this reference. Consultant's services are collectively referred to herein as the"Work." 3. Compensation: City shall pay Consultant the sum of$8,850.00 as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$8,850.00 without the express, written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within thirty (30) days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,payments will be made for any phase of the Work completed and accepted as of the date of termination. 4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict between this Agreement and the supporting documents which cannot be resolved, the provisions of this Agreement shall control over any conflicting provisions in any of the exhibits or other supporting documents. Page I of 6: Personal Services Agreement with DN Tanks 5. All Costs Borne By Consultant: Consultant shall, at its own risk and expense,perform the Work described above and,unless otherwise specified in this Agreement,furnish all labor,equipment,and materials required for the proper performance of such Work. 6. Qualifications: Consultant has represented, and by entering into this Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered,licensed,or bonded by the State of Oregon, are so registered, licensed, and bonded. 7. Ownership of Work/Documents: All Work product or documents produced in furtherance of this Agreement belong to the City,and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. S. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is$21,127.46 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50%or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as"Exhibit B"predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant shall defend,save,hold harmless and indemnify the City and its officers, employees,and agents from and against any and all claims, suits, actions, losses,damages,liabilities, costs,and expenses of any nature resulting from or arising out of, or relating to the performance of any Work pursuant to this Agreement to the extent caused by the negligent acts, errors or omissions of Consultant(including but not limited to,Consultant's employees, agents, and others designated by 1. • Consultant to perform Work or services under this Agreement). However, Consultant shall not be held responsible for any losses, expenses,claims, subrogations,actions, costs,judgments,or other damages, to the extent caused by the negligence of City. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than 30 days' prior written notice delivered by certified mail or in person. c. For Cause. The City may terminate this Agreement, in whole or in part,effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: a i. If City funding from federal,state,county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified,changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or Page 2 of 6: Personal Services Agreement with DN Tanks iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied,revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15) days of the date of the notice, or within such other period as the party giving the notice may authorize in writing, then the Agreement may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this Agreement. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this Agreement if Consultant fails to provide services called for by this Agreement within the time specified herein or within any extension thereof. iii. The rights and remedies of City provided in this subsection(d)are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections a,b,or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However,upon receiving a notice of termination(regardless whether such notice is given pursuant to Subsection a,b,c,or d of this section,Consultant shall immediately cease all activities under this Agreement,unless expressly directed otherwise by City in the notice of termination.Further,upon termination, Consultant shall deliver to City all Agreement documents,information,works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers'compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. 13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract of the Work shall not create any contractual relation between the assignee or subcontractor and City. 14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation under the Agreement;institutes an action for relief in bankruptcy or has instituted against it an action for insolvency;makes a general assignment for the benefit of creditors;or ceases doing business on a regular basis of the type identified in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under,this Agreement. Page 3 of 6: Personal Services Agreement with DN Tanks 15. Insurance. Consultant shall, at its own expense,maintain the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017,which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000(two million dollars)per occurrence. This is to cover any damages caused by error, omission or negligent acts related to the professional services to be provided under this Agreement. c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury,Death, and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent,of not less than $1,000,000(one million dollars)for each accident for Bodily Injury and Property Damage,including coverage for owned,hired or non-owned vehicles,as applicable. e. Notice of cancellation or change. There shall be no cancellation,material change,reduction of limits or intent not to renew the insurance coverage(s)without 30 days' prior written notice from the Consultant or its insurer(s)to the City. 4 f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland,Oregon, and its elected officials, officers, and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation,required herein,but only with respect to Consultant's services to be provided under this Agreement. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring or entities are subject to the City's acceptance. If requested,complete copies of insurance policies; trust agreements,etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles,self-insured retentions, and/or self-insurance. 16. Nondiscrimination: Consultant agrees that no person shall,on the grounds of race,color,religion, creed, sex,marital status,familial status or domestic partnership,national origin,age,mental or physical disability, sexual orientation,gender identity or source of income, suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business,a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055,in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: I 17.1.1 Consultant shall,throughout the term of this Agreement, including any extensions hereof, comply with: (i)All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316, 317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations,charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Page 4 of 6: Personal Services Agreement with DN Tanks 17.1.2 Consultant,for a period of no fewer than six(6)calendar years preceding the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Governing Law; Jurisdiction;Venue: This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws,rules or doctrines. Any claim,action, suit or proceeding(collectively, "the claim")between the City and the Consultant that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If,however, the claim must be brought in a federal forum,then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County,Oregon. Consultant, by its signature hereon of its authorized representative,hereby consents to the in personam jurisdiction of said courts. 19. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER,CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER,CONSENT, F MODIFICATION OR CHANGE,IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC t INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS,OR REPRESENTATIONS, ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. r 20. Force Majeure. Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of the other or the other's officers, employees or agents. 21. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 22. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement attributable to Work performed after the last day of the current fiscal year is contingent on City appropriations,or other expenditure authority sufficient to allow City in the exercise of its reasonable 7 administrative discretion,to continue to make payments under this Agreement. In the event City has insufficient appropriations,limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Page 5 of 6: Personal Services Agreement with DN Tanks 3 23. Certification. Consultant shall execute the certification attached hereto as"Exhibit C"and incorporated herein by this reference. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. THE CITY OF ASHLAND,OREGON: CO ULT T: Signature ignature // /Aut,r. C OrtoaJA) James P. Diggins Printed Name Printed Name D/ —cro/L Vice President Title Title ?.rithiG-Z 0/8' August 28,2018 Date Date (W-9 is to be submitted with this signed Agreement) APP,VED Ali 1-) FORM FORM As land Asst.city Attorney ° ( Date Page 6 of 6: Personal Services Agreement with DN Tanks • "EXHIBIT A" SUPPORTING DOCUMENTS 40.0•• DN Concrete TANKS Tank Services `ms Inspection I Rehab I Retrofit 410 East Trinity Boulevard, Grand Prairie, TX 75050 1 972.823.3300 I Fax 972.823.3333 August 7,2018 City of Ashland 20 East Main Street Ashland,OR 97520 Attn: Mr.Scott A.Fleury Deputy Public Works Director RE: 2.0 MG Prestressed Concrete Water Storage Tank Inspection Ashland,OR Dear Mr.Fleury: As requested we are pleased to provide the following proposal: Tank Inspection with Diver&Inflatable Raft Provide an inspection of one(1)2.0 MG prestressed concrete water storage tank. Inspection to include visual inspection of the exterior wall and dome and all appurtenances for signs of leakage, seepage, spelling, settlement, and damage, sounding the bottom 6'-8'of the exposed exterior wall and localized areas of the dome/roof to determine the integrity of the concrete, visual inspection of the tank interior using a commercial diver to perform leak detection, and by inflatable raft to view the top of the wall,underside of the dome,and all appurtenances of interest(pipes,overflows,hatches)below and above the water surface for corrosion/deterioration. After the inspection DN Tanks will provide a detailed written report containing photographs and video summarizing the results of the inspection including any recommendations for remedial work,and cost estimates associated with performing the remedial work. Lump Sum: $6,850 Optional Item—Manlift Rental Provide a 40'boom manlift for the duration of the inspection in the event that one is not provided by the owner. Lump Sum:$2,000 • The Owner shall provide all lockout and tag out of valves while personnel are inside of the tank. • Owner shall fill tank to overflow prior to inspection. • Access to the tank dome and tank interior water surface and a level,stable work area to be provided by others. • Permits and fees,if required,are not included. • Federal,State and Local taxes,if applicable,are not included. • This proposal is valid for one(1)year from date provided. If I can be of any further assistance,please do not hesitate to contact me. Sincerely, Adam P.Blaser Regional Manager,CTS Central Region DN Tanks—Concrete Tank Services B55.DNTANKS 1 855.368.2657 I www.dntankscts.com EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAGE below must comply with City of Ashland laws regulating •a ment of a livin• wa•e. $14.81 per hour, effective June 30, 2017. The Living Wage is adjusted annually every June 30 by the Consumer Price Index. Employees must be paid a portion of business of their 401K and IRS eligible living wage: employer, if the employer has cafeteria plans(including ten or more employees, and childcare)benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: For temporary and employer and the City of $20,688.86. part-time employees,the Ashland if the contract Living Wage does not apply exceeds$20,688.86 or more. ➢ If their employer is the City of to the first 1040 hours worked Ashland, including the Parks in any calendar year. For ➢ For all hours worked in a and Recreation Department. more details, please see month if the employee spends Ashland Municipal Code 50%or more of the > In calculating the living wage, Section 3.12.020. employee's time in that month employers may add the value working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us. \Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF �S H LAN D Page 1 of 1: Exhibit B EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized representative, under penalty of perjury,certifies that(a)the number shown on the attached W-9 form is its correct taxpayer ID(or is waiting for the number to be issued to it and(b)Consultant is not subject to backup withholding because: (i) it is exempt from backup withholding,or(ii)it has not been notified by the Internal Revenue Service(IRS)that it is subject to backup withholding as a result of a failure to report all interest or dividends,or(iii)the IRS has notified it that it is no longer subject to backup withholding. Consultant further represents and warrants to City that: (a)it has the power and authority to enter into this Agreement and perform the Work, (b)the Agreement,when executed and delivered,shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c)the work under the Agreement shall be performed in accordance with the highest professional standards,and(d) Consultant is qualified,professionally competent,and duly licensed(if applicable)to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon,and Consultant has checked four or more of the following criteria that apply to its business. X (1)Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private residence, set aside as the location of the business. X (2)Commercial advertising or business cards or a trade association membership are purchased for the business. X (3)Telephone listing is used for the business separate from the personal residence listing. X (4)Labor or services are performed only pursuant to written contracts. X (5)Labor or services are performed for two or more different persons within a period of one year. X (6)Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the warranties,errors and omission (professional liability) insurance or liability insurance relating to the Work or services to be provided. nsultant's signa ames P. Diggins, Vice President of DN Tanks, Inc. August 23,2018 Date y2 ZH SUPPORTING DOCUMENTS DN Concrete TANKS Tank Services `rsof Inspection I Rehab I Retrofit 410 East Trinity Boulevard, Grand Prairie, TX 75050 1 972.823.3300 I Fax 972.823.3333 August 7,2018 City of Ashland 20 East Main Street Ashland,OR 97520 Attn: Mr.Scott A.Fleury Deputy Public Works Director RE: 2.0 MG Prestressed Concrete Water Storage Tank Inspection Ashland,OR Dear Mr.Fleury: As requested we are pleased to provide the following proposal: Tank Inspection with Diver&Inflatable Raft Provide an inspection of one(1)2.0 MG prestressed concrete water storage tank. Inspection to include visual inspection of the exterior wall and dome and all appurtenances for signs of leakage, seepage, spalling, settlement, and damage, sounding the bottom 6'-8'of the exposed exterior wall and localized areas of the dome/roof to determine the integrity of the concrete,visual inspection of the tank interior using a commercial diver to perform leak detection, and by inflatable raft to view the top of the wall,underside of the dome,and all appurtenances of interest(pipes,overflows,hatches)below and above the water surface for corrosion/deterioration. After the inspection DN Tanks will provide a detailed written report containing photographs and video summarizing the results of the inspection including any recommendations for remedial work,and cost estimates associated with performing the remedial work. Lump Sum: $6,850 Optional Item—Manlift Rental Provide a 40'boom manlift for the duration of the inspection in the event that one is not provided by the owner. Lump Sum:$2,000 • The Owner shall provide all lockout and tag out of valves while personnel are inside of the tank. • Owner shall fill tank to overflow prior to inspection. • Access to the tank dome and tank interior water surface and a level,stable work area to be provided by others. • Permits and fees,if required,are not included. • Federal,State and Local taxes,if applicable,are not included. • This proposal is valid for one(1)year from date provided. If I can be of any further assistance,please do not hesitate to contact me. Sincerely, Adam P.Blaser Regional Manager, CTS Central Region DN Tanks—Concrete Tank Services 855.ONTANKS 1 855.368.2657 I www.dntankscts.com Client#: 424896 DNTANKS ACORD DATE(MMIDDIYYYY)CERTIFICATE OF LIABILITY INSURANCE 8123/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jennifer Wise Marsh& McLennan Agency LLC PHONE 858-875-6586 F4X 858-210-3925 (A/C,No,Ext): (NC,No): Marsh & McLennan Ins.Agency LLC ADE-MAIL SS: jennifer.wise@marshmma.com DRE PO Box 85638 INSURER(S)AFFORDING COVERAGE NAIL# San Diego,CA 92186 INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:Amedwn Guarantee and Llablllly Ins Co 26247 DN Tanks, Inc. INSURER C P.O. Box 696 INSURER D: El Cajon,CA 92022-0696 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR` POLICY EFF POLICY EXP LIMBS LTR INSR WVD; POLICY NUMBER (MM/DD/YYYY) IMM/DD/YYYY) A �( COMMERCIAL GENERAL LIABILITY X GL0933673507 05/01/2018 05/01/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISES(EaEoccurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL 8 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PR - POLICY X ECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP933673607 05/01/2018 05/01/2019 FE°accidEerDitSINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _AUTOS ONLY (Per accident) B X UMBRELLA LIAB X OCCUR AUC933680407 05/01/2018 05/01/2019 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WC012497603 05/01/2018 05/01/2019 X STATUTE ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) *Certificate amends and supersedes all previous issued certificates. RE: Inspection of 2.0MG Prestressed Concrete Water Storage Tank -20 East Main Street,Ashland, OR 97520. Project Value: $8,850. City of Ashland is included as additional insured with respects to General Liability per attached endorsements. CERTIFICATE HOLDER CANCELLATION Clt of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S3619407/M3422366 WSGCL INSURED: ON Tanks,Inc. POLICY#: GL0933673507 POLICY PERIOD: 05/01/2018 TO 05/01/2019 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS, HOWEVER, A GENERA! AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE NAMED INSURED TS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences"under Section I—Coverage A,and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I—Coverage C,which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations nor Schedule above: shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project,and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence. Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit Is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A,except General Aggregate Limit shown in the damages because of"bodily injury"or Declarations,such limits will be subject to the "property damage"included in the"products- applicable Designated Construction Project completed operations hazard",and for General Aggregate Limit. medical expenses under Coverage C regardless of the number of: a Insureds; b. Claims made or"suits"brought;or e. Persons or organizations making claims or bringing"suits". CG 25 03 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 2 • B. For all sums which the insured becomes legally C. When coverage for liability arising out of the 9a Y 9e obligated to pay as damages caused by "products-completed operations hazard"is "occurrences"under Section I—Coverage A,and provided,any payments for damages because of for all medical expenses caused by accidents 'bodily injury"or"property damage"included in under Section I—Coverage C,which cannot be the"products-completed operations hazard'will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit,and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage Cfor medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned,delayed, or abandoned under the General Aggregate Limit or the and then restarted,or if the authorized Products-completed Operations Aggregate contracting parties deviate from plans, blueprints, Limit,whichever is applicable;and designs,specifications or timetables,the project 2. Such payments shall not reduce any will still be deemed to be the same construction Designated Construction Project General project. Aggregate Limit. E. The provisions of Section III—Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office, Inc.,2008 CG 25 03 05 09 INSURED: DN Tanks,Inc. POLICY#: GL0933673507 POLICY PERIOD: 05/01/2018 TO 05/01/2019 Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Blanket Endorsement. As Required By Written Contract Address(including ZIP Code) This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Section II—Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for"bodily injury" "property damage"or"personal and advertising injury"caused, in whole or in part, by 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf. in the performance of your ongoing operations or 'your work" as included in the "products-completed operations hazard",which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured. 1. Only applies to the extent permitted by law,and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies This insurance does not apply to. "Bodily injury", "property damage"or"personal and advertising injury"arising out of the rendering of. or failure to render, any professional architectural, engineering or surveying services including a. The preparing approving or failing to prepare or approve maps, shop drawings. opinions, reports, surveys field orders. orders or drawings and specifications, or b. Supervisory, inspection, architectural or engineering activities This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment.training or monitoring of others by that insured, if the"occurrence"which caused the "bodily injury'or"property damage", or the offense which caused the"personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV— Commercial General Liability Conditions U-GL-1175-F CW(04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office.Inc.,with its permission. The additional insured must see to it that 1. We are notified as soon as practicable of an"occurrence"or offense that may result in a claim 2. We receive written notice of a claim or"suit"as soon as practicable,and 3. A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory D. For the purposes of the coverage provided by this endorsement. 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured under such other insurance,and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured 2. The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition of Section IV—Commercial General Liability Conditions. This insurance is excess over. Any of the other insurance, whether primary, excess. contingent or on any other basis, available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same"occurrence" offense, claim or"suit' This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured F. With respect to the insurance afforded to the additional insureds under this endorsement. the following is added to Section III—Limits Of Insurance The most we will pay on behalf of the additional Insured is the amount of Insurance. 1. Required by the written contract or written agreement referenced in Paragraph A.of this endorsement,or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations All other terms and conditions of this policy remain unchanged U-GL-1175-F CW(04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office.Inc With its permission Fr All Purchase Order ,I Fiscal Year 2019 Page: 1 of: 1 i B City of Ashland —_=fiC *-_L.S[- :11UNIEL atral0 L -n _ I ATTN: Accounts Payable Purchase L Ashland, OR 97520 Order# 2 0190195 T Phone: 541/552-2010 O Email: payable @ashland.or.us V H C/O Public Works Department E DN TANKS, INC. I 51 Winburn Way N 11 TEAL ROAD p Ashland, OR 97520 O WAKEFIELD, MA 01880 Phone: 541/488-5347 R T Fax: 541/488-6006 vf'=ii[c.ip._,10,_g i :,ai=i_-v�=lila g...'tai-mei-1 1,4=ilt-)Funs-E:e eei2I-1 of iriq=le`Asr t=sera i = = i' Ji Paula Brown g.=� =-v.i=;a a aJ ii1.1-1, iaii la=a— .3 - �ui.1 -=- -- =a=a1=1€iiit-1i1'tz=ice=1 mg _ 09/10/2018 4070 _ FOB ASHLAND,OR/NET30 City Accounts Payable -i- -BY -1t�k= 61_-af.`.a A=7-74 , a==- - -6s -v_—=i . -- -E---'`i=-_1 Water Storage Tank Inspection, 1 2.0 MG pre-stressed water storage tank inspection with diver and 1 $8,850.0000 $8,850.00 inflatable raft Personal Services Agreement ($25,000 or less) Completion date: 10/31/2018 Project Account: E-201820-999 *************** GL SUMMARY *************** 081900-704200 $8,850.00 I I I B _ r. Date: `) I 1 7.( 18? . A orized .'."ture 7 = IV $8,850.00 • • j El 4? C....&-. . FORM #3 r CI --Ye '`�Y 0 F /t/2/A request for a Purchase Orde ti___-- 11-} 'ASHLAND REQUISITION e ( f 0 ( qatquest: 08/13/2018 Vendor Name DN Tanks Address,City,State,Zip 410 East Trinity Boulevard Grand Prairie,TX 75050 Contact Name Adam Blazer Telephone Number 972.823.3322 Email address Adam.BlaserAdntanks.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) _(If council approval required,attach copy of CC) ❑ Small Procurement Cooperative Procurement Less than$5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract# ❑ Verbal/Written quote(s)or proposal(s) —(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) ❑ Other government agency contract $5,000 to$100,000 ❑ Written quote or proposal attached Agency ❑ (3)Written quotes and solicitation attached ❑ Form#4, Personal Services$5K to$75K Contract# PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to$75,000 ❑ Form#9,Request for Approval ❑ Agency _ - ❑ Less than$35,000,by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (Date)3)Written proposals/written solicitation Date approved by Council: _(Attach copy of council communication) IK Form#4, Personal Services$5K to$75K Valid until:_ (Date) Description of SERVICES Total Cost 2.0 MG prestressed water storage tank inspection with diver and inflatable raft $ 8,800.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quotelproposal TOTAL COST Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Project Number 201820 - Account Number 081900 - 704200 $ 8850.00 ,— — — — — Project Number - _ _ Account Number - Project Number -_ _ _ Account Number - $_,_ _ _,_ _ _•_ IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition form,I certify that the C.y's public contracting requirements have been satisfied. IT Director Date Support Yes/No t . 1 Employee I ALA 11'S /IAA A — / ,It .OA V Department Head: 1/1 4444,247/8 (Equal to or greater than$5,000) Department Manager/Supervisor: City Administrator: ,, (Equal to or greater than$25,000) Funds appropriated for current fiscal year: S / NO / i j 11 Cnance Dir /:ltoorgreaterthan$5, ) Date Comments: Form#3-Requisition CITY OF ASHLAND FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Kelly Madding, Public Contracting Officer From: Paula Brown-Director of Public Works Date: August 14, 2018 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The Department of Public Works intent is to contract with a private consultant the appropriate scope of services developed for project number 2018-20; 7.5 mgd Water Treatment Plant. The scope of work for this project is the inspection of the Granite water reservoir related to the associated work with the Water Treatment Plant. The work is expected to take place in fiscal year 2019 with a not to exceed budget amount of$8,850. The amount appropriated in the current Council approved budget to perform this work is $13,731,000. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City of Ashland Engineering Division does not have the adequate staff time or appropriate expertise to provide the scope of service contemplated under this contract. In addition, no other Department in the City has the resources or technical knowledge to complete the work associated with this personal services contract. Form#4-Department Head Determinations to Procure Personal Services, Page 1 of 1, 8/14/2018